ADITYA YUVRAJ HORE (MINOR) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT Criminal Revision Application under Section 397 r/w 401 of the Code of Criminal Procedure has been preferred by the petitioners herein minor son of respondent no.2 to modify the impugned order dated 21.10.2010 passed by the learned Principal Family Judge, Family Court, Surat passed in Maintenance Application No. 230 of 2008 and to enhance the amount of maintenance as well as to quash and set aside the impugned order dated 21.10.2010 passed by the learned Principal Judge, Family Court, Surat passed in Maintenance Application No. 489 of 2008 in so far as rejecting the said application.

(2.) THAT the petitioners herein minor son and wife of respondent no.2 herein submitted the applications before learned Family Court, Surat against respondent no.2 herein -original opponent father/husband claiming maintenance under Section 125 of the Code of Criminal Procedure being Criminal Miscellaneous Application Nos. 230 of 2008 and 489 of 2008.

(3.) MS . Kruti M. Shah, learned advocate for the original applicants has vehemently submitted that the learned Judge has materially erred in awarding Rs. 3000/ - per month only to the original applicant no.1 minor son. It is further submitted that even the learned Judge has materially erred in considering the income of the respondent no.2 husband / father at Rs.10,000/ - per month. It is further submitted that even otherwise and even considering the income of the respondent no.2 -father of the original applicant no.1 at Rs. 10,000/ - per month, in that case, also the original opponent no.1 would be entitled to at least Rs.5000/ - towards maintenance. Ms. Kruti M. Shah, learned advocate for the applicants does not press present Criminal Revision Application qua applicant no.2 herein -original applicant of Criminal Miscellaneous Application No.489 of 2008.